A Democratic Senator I once supported for Congress is the successful sponsor of a bill establishing the crime of environmental terrorism. This bill is now law. It specifically provides for felony charges based on motivation. Vicious punks, vandals, thieves might get charged with misdemeanor criminal mischief for crimes that will get a committed environmentalist a felony conviction. Way to go, sponsor Democrat John Nutting, Democratic legislature, and Democratic Governor John Baldacci. Read about the death blow to the First Amendment below the fold.
Drifting about since at least 1999, this bill finally passed into law on May 30. Baldacci signed it just before the state Democratic convention. Neither of the major Maine newspapers covered the passage of the bill. Baldacci's office did not release, as far as I can tell, a press release about the signing, although they usually mention any bills the gov signs. Maybe that's because this law stinks.
Take a look:
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §210, sub-§3 is enacted to read:
3._A person is guilty of environmental terrorizing if that
person commits a crime of violence dangerous to human life or a
crime of violence destructive to property or business practices
for the primary purpose of protesting the practices of a person
or business with respect to an environmental or natural resource
issue and the result is:
A.To cause injury in fact to persons or damage to property
or business; or
B._To purposefully cause a significant interruption in
business or loss of products that results in loss of
revenues or in compensable damages.
This subsection does not apply to a person who is protesting the
practices of a business during a labor dispute, strike or lockout
at that business.
Violation of this subsection is a Class C crime.
SUMMARY
This bill establishes the crime of environmental terrorizing,
which is a crime of violence dangerous to human life or
destructive to property or business practices for the primary
purpose of protesting a natural resource or environmental issue.
The bill specifies that it does not apply to a person who is
protesting during a labor dispute, a strike or a lockout at a
business. Environmental terrorizing is a Class C crime.
Pretty nifty, eh? Destroy something on a whim, and no felony. Destroy it because you are trying to protect the Earth, and it's off to the Supermax. Here is the letter I wrote to John Nutting:
Dear John,
You may remember me as your Blue Hill supporter who failed to turn up more than one voter for an open house at my home during your congressional campaign. I have been dealing with guilt and anger at my fellow Blue Hill Democrats for years over that. I admired the way you soldiered on and were so kind to me even though I had made you drive so far for next to nothing.
But now I wonder if my friends who refused to come knew something I didn't. LD 1789 is law, and the thought police are on the prowl. Mainers can be prosecuted specifically for their beliefs. The same crime, when committed by a vicious punk, is a misdemeanor, while if committed by a political activist, is a felony. You have passed a law that creates a crime of motivation.
No one should have to fear stalkers or prowlers. But current law provides for those crimes. What your law does is of no help to victims of those crimes, because they are already felonies. What your law does do is stifle dissent, sow fear among people who fear that anything they do that is seen as detrimental to corporate interest could be turned into a felony simply by declaring it to be environmentally motivated. Protest is specifically targeted. Well, I have a question. Where exactly did the language for this bill come from? This bill has been kicking around since at least 1999, but of course it was laughed off then. But now that we can invoke terrorism at every turn, destroying the First Amendment is seen as a patriotic Act. Watch this. I am about to commit a felony. "I believe Plum Creek, based on their performance in other states to be a company that does not have the best interests of Maine at heart and I urge all Mainers to oppose any plan they put forward that proposes residential development in the Moosehead region." Now all you have to do is prove that I am motivated by a sincere concern for the environment, and wait for one guy to say he decided not to buy a house lot because of my statement. Or maybe even show that sales went down after I released it. Bang, off to the hoosegow. But if I show that no, really, I just have an irrational personal vendetta against Plum Creek because of a personal negative reaction to their logo, then I'm fine. This is an extreme case, but entirely consistent with the law as enacted. The real intent of this law is to shut people up by making them afraid, and that is the most unAmerican thing any politician could support. Private and corporate interests have made tools of you, of the lege, and of the Governor, and that makes May 30 a pretty sad day in Maine. Maine and this nation deserve politicians who will uphold the constitution, not destroy it.
Yay! I'm a felon. Give a damn about the Earth and join me in the Supermax! I'm going out to canvass for the Dems tomorrow, but I am having a leetle trouble with motivation. Most of mine is criminal, you see.